Montague v. McDowell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county: Of October and November Term 1881, No. 144. On June 28th 1878 the plaintiff, E. J. Montague, entered judgment to April Term 1878, No. 706, against the defendant, G. A. McDowell, upon a promisssory note for $843.80 with warrant of attorney, including a five j>er cent, attorney’s fee, making the amount $886. Subsequently, on petition of the defendant, averring that said judgment included a large amount of usurious…
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Error to the Court of Common Pleas of Crawford county: Of October and November Term 1881, No. 144. On June 28th 1878 the plaintiff, E. J. Montague, entered judgment to April Term 1878, No. 706, against the defendant, G. A. McDowell, upon a promisssory note for $843.80 with warrant of attorney, including a five j>er cent, attorney’s fee, making the amount $886. Subsequently, on petition of the defendant, averring that said judgment included a large amount of usurious interest, the court made absolute a rule to open the judgment and let the defendant into a defence as to all except the sum of…
1Opinion of the CourtChief Justice Sharswood
'delivered the opinion of the court, January 2d 1882.
A judgment confessed by warrant of attorney ,is as perfect a judgment as if rendered upon the verdict of a jury after a trial. The court will, however, in such a caáe, upon the defendant showing a good defence in law or equity, open it and allow him an opportunity to controvert the cause for which it was entered before a jury. In no other respect is there any *269difference, and a judgment confessed is conclusive, and cannot be attacked collaterally by the defendant: Braddee v. Brownfield, 4 Watts 474; Hageman v. Salisberry, 24 P. F. Smith 280.…
2Cases cited1 opinion
- Braddee v. BrownfieldSupreme Court of Pennsylvania · 1835
3Cited by13 opinions
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- Philadelphia Warehouse Co. v. SeemanCourt of Appeals for the Second Circuit · 1925
- Ruckdeschall v. SeibelSupreme Court of Virginia · 1919
- Commonwealth v. HillSuperior Court of Pennsylvania · 1911
- Scheide v. Home Credit CompanySuperior Court of Pennsylvania · 1932
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